NORTH CAROLINA — A lot of General Motors customers say their vehicles shake violently on the road. They call it the Chevy Shake. Those complaints raised a lot of questions for GM, but customers are suing so the company wasn’t saying much.
So, Action 9′s Jason Stoogenke has been following the case closely, waiting for GM to file any papers that would share what the company has to say about all of this, and GM did.
GM filed a motion to dismiss the case. The motion is 72 pages and has a lot of detail.
Here are the highlights:
First, GM says its warranty doesn’t cover design defects.
Second, it talks about the law of merchantability. Legally, new cars have to work. But, GM says that doesn’t mean they have to be perfect. It means they have to drive and GM says they do.
Third, GM says the case doesn't meet the requirements for a class action.
Since at least one person suing is from North Carolina, GM talks about the state specifically.
It says in North Carolina, in this kind of case, you have to give the car company notice before suing, you can’t sue the manufacturer if you bought the vehicle from an independent dealership and you have to prove you suffered more than just an economic loss. You have to prove someone got hurt or something got damaged. GM claims the plaintiff, or plaintiffs, in this case didn’t do any of the three.
The judge set a hearing in Michigan for April. This could have a big impact on GM customers everywhere.
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